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Is Honorary Naib Subedar entitled for pension benefits

Posted 1 day ago  |    1 Answer  |  Armed Forces Tribunal

Team Legistify
Advocate
Yes, you can lodge complaint under Section 13 B of Pension Funds Act, Companies Act 2016,  The thing about not registered under EPFO is changed now, providing firms not enrolled with EPFO can do so with just Re 1 fine under amnesty scheme. So this way company or a firm will be established under a legal body after it is registered.

When is an employee entitled for increment in basic pay

Posted 1 day ago  |    1 Answer  |  Labour & Service

Team Legistify
Advocate
The annual increment in pay will be drawn as a matter of course from the first of July every year, except when it is withheld as a statutory punishment. If a govt. servant is on leave or is availing joining time on the first of July, the increased pay will be drawn only from the date on which he resumes the duty and not from first of July. The officiating service in a higher grade shall count for increments in an officer and other employee’s substantive grade as well as in the higher grade
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Person cheated me and extorted money

Posted 1 day ago  |    1 Answer  |  Recovery

Team Legistify
Advocate
Section 66-D of theInformation Technology Act, 2000 accommodates discipline for using so as to conby personation a PC asset. This legitimate procurement peruses as under: "Whoever, bymeans for any specialized gadget or PC asset cheats by personating, should berebuffed with detainment of either portrayal for a term which might stretch out to three years and might likewise be subject to fine which might reach out to one lakh rupees." If that person is still in contact with you, You should dir
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Transfer of property by will

Posted 4 days ago  |    1 Answer  |  Family Law Property/Real Estate

Team Legistify
Advocate
The succession laws in Goa are covered under the Goa succession, special notaries and inventory proceeding Act, 2012, which replaced the Portuguese system. The Act lays down provisions for, both, testamentary and intestate succession. In the present case your father in law is mentally incapable of making a will because he suffers from dementia and is of unsound mind. The Power of Attorney granted by your father in law to your mother in law make her capabale of making will on his behalf. Unfortun
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Information not provided by the Public Information Officer

Posted 4 days ago  |    1 Answer  |  RTI

Team Legistify
Advocate
RTI act provides provision to entertain complaints under Section 18. The Central Information Commission and the State Information Commission are the regulatory bodies to which you can file your complaint. Section 18 entertains complaints based on certain grounds and the failure or refusal of the Public Information Officer to provide the information sought by a citizen is one of them.You need to follow simple steps, mentioned below: Find the Address of Information Commission: make sure you ar
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Desertion and Alimony

Posted 5 days ago  |    1 Answer  |  Divorce & Alimony Family Law

Team Legistify
Advocate
In the present case, since your wife is not ready to stay with you and has moved to her parents house you can opt for restitution of conugal rights. The Hindu Marriage Act, 1955, provides for provisions to salvage the matrimonial relations. Section 9 of the HMA provides for the restitution of conugal rights. You have to file a petition in the District Court stating your claim and also the court must be satisfied with your claim. The grounds for satsfying your claim are mentioned below: Fir
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Addition of Surname

Posted 6 days ago  |    1 Answer  |  Documentation General Legal

Team Legistify
Advocate
In case of any alteration in your name, you have to follow the below mentioned steps: Affidavit: Go to you local Notary and make an affidavit regarding change of your name. Submit it in your respective District Court before a Magistrate or Notary Public.The Affidavit must mention the current name and the desired new name, and may mention in brief the reason for name change. The Affidavit must be made on a Non-Judicial Stamp Paper of minimal value. Newspaper Publication: The next step i
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Results of Filing Civil PIL on ancestral property

Posted 1 week ago  |    1 Answer  |  Family Law Property/Real Estate

Team Legistify
Advocate
The land of contention in the present case is aabadi land ( seems like a local term for village residential land) which was not registered under anyone's name. The land/ancestral property was left without any will being made upon its division among you and your relatives. As per the facts of the case there was a partition done to divide the land. However, if the partition was oral then it would be difficult to uphold your interests, but if it can shown that partition did not happen, then the
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How to get refund/compensation against delayed residential projects by builder.

Posted 1 week ago  |    1 Answer  |  Property/Real Estate RERA

Team Legistify
Advocate
The RERA provides many benefits for the aggrieved buyers. One such benefit is that the delayed projects require that promoters pay compensation to the buyers. The act mandates that in case the builders fail to provide possession in due time they are required to pay the specified interest which they charge from the buyers in case of any default in payment. RERA empowers the buyer by facilitating the filing of complaints in case of violations by builders. Complaints can be filed with the Real Est
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Liability to pay tax under GST regime

Posted 1 week ago  |    1 Answer  |  GST Taxation & Duty

Team Legistify
Advocate
The liability when to pay GST is covered by section 12 of the GST Law. In this case, every person who supply goods or services has to pay GST. However, there is exemption upto INR 20 Lakhs turnover upto which no GST is payable for non-special states and INR 10 Lakhs for special states. In the present case, since your annual turnover is INR 12 Lakh and you don't reside in a special category state, you are not liable to get registered under GST and hence you have no liability to pay GST. 

Property dispute among siblings

Posted 1 week ago  |    1 Answer  |  Family Law Property/Real Estate

Team Legistify
Advocate
In the present case, the property left by your mother comes under joint ownership. As per the provisions of the Hindu Succession laws, in the absence of any partition deed, the three mentioned flats are jointly owned by all the three brother. According to Section 10 of the Hindu Succession Act, 1955, the legal heirs which in this case will be you and your brothers have 1/3rd share in the property which comes to 33%. In such cases for appropriate division of property a partition deed is necessary
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Builder not paying interest according to the contractual obligation

Posted 1 week ago  |    1 Answer  |  Finance Law General Legal Property/Real Estate

Team Legistify
Advocate
In this case, intially there was a contract between you and the builder that as per the scheme where 5% was paid by you, 75% of the consideration arranged from that TATA capital and 20% to be paid by you at the time of possesion. The Builder promised to pay the interest on loan till offer of possession which was 2 years after booking, ie. September 2017 for which an agreement was formed. But, the builder breached the contract when he stopped paying the interest from July 2017 and the possession
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Getting equal share in the ancestral property

Posted 1 week ago  |    1 Answer  |  Family Law

Team Legistify
Advocate
The ownership of ancestral property, upon intestate death of both the parents resides with the legal heirs of the deceased under the Hindu Succession Act. As per Section 8 of the Act the ownership of property gets distributed among primarily with the Class 1 heirs of the deceased. The legal heirs (Class 1) in this case will be you and your brothers and the property will get divided equally, since there was no partition deed made between you and your brothers, among the three brothers in equal pr
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Legality of Chit funds conducted by single person without any legal entity

Posted 1 week ago  |    1 Answer  |  General Legal Recovery

Team Legistify
Advocate
Chit Fund Businesses in India are governed by the Chit Fund Act, 1982. As per the Act a company or even an idividual can start a chit fund business unless they are registered. An individual can start the chit fund by virtue of Section 2(b) of the Chit funds Act, which while defining 'chit' states that an individual can also enter into an agreement with a number of subscribers. However, the Individual willing to start a Chit Fund business must get registered and sanctioned under the State
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Cheque bounce issue

Posted 1 week ago  |    1 Answer  |  Cheque Bounce

Team Legistify
Advocate
In case of a cheque advanced by a fraudulent party which gets bounced, you need to follow the below mentioned steps:  Demand Notice- After the bank has returned the cheque or when the cheque has bounced, you are required to send a letter within 30 days of such bouncing to the party who wrote the cheque (the drawer) threatening to initiate proceedings under the Negotiable Instruments Act in case the amount is not paid within a stipulated time period (usually 15 days). Draft a complain
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Can we file a legal petition on PIO if PIO failed to give information sought by us

Posted 2 weeks ago  |    1 Answer  |  General Legal RTI

Team Legistify
Advocate
The Central Information Commission which is the regulatory body set up to deal with cases pretaining to the inability of any Public Information Officer. The Central Information Commission under the RTI act has the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908. Section 18 (1) of the RTI Act provides grounds on which a complaint may be filed. The complaint may relate to inability for file RTI to reach into, refusal to give information etc
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How to re claim money, invested in a property.

Posted 2 weeks ago  |    1 Answer  |  Consumer Protection Property/Real Estate RERA

Team Legistify
Advocate
In your situation, you should proceed with a consumer complaint against the builder to secure a decree in your favour whereby you would become a recognised credit of the builder. If the decree has been passed in your favour by the consumer court, you can use the same to approach the court for winding up the company and secure your money through sale of company assets etc.  However, in case the builder has officially gone bankrupt or has sent you a written communication stating that they hav
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100% Refund of booking amount

Posted 2 weeks ago  |    1 Answer  |  Consumer Protection Property/Real Estate RERA

Team Legistify
Advocate
RERA has taken steps to not only make the promoter accountable but also make them pay compensation and penalty in cases of default of any provision of the rules. The enforcement of these could still be a question unanswered and will depend on the state Regulatory Authority to get them implemented. In case the builder defaults and delays the possession of the property as per the 'agreement of sale', the buyer has the right to claim the refund of the amount paid along with interest. Even
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